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A BILL TO BE ENTITLED
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AN ACT
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relating to filing fees for civil actions or proceedings in a |
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district, county, justice, or small claims court. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subsection (a), Section 133.152, Local |
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Government Code, is amended to read as follows: |
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(a) In addition to other fees collected under Section |
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133.151(a) or otherwise authorized or required by law, the clerk of |
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a district court shall collect the following fees on the filing of |
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any civil action or proceeding requiring a filing fee, including an |
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appeal, and on the filing of any counterclaim, cross-action, |
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intervention, interpleader, or third-party action requiring a |
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filing fee: |
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(1) $5 in family law cases and proceedings as defined |
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by Section 25.0002, Government Code; and |
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(2) $10 in any case other than a case described by |
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Subdivision (1). |
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SECTION 2. Subsection (a), Section 133.153, Local |
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Government Code, is amended to read as follows: |
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(a) In addition to other fees authorized or required by law, |
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the clerk of a court other than a district court, the courts of |
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appeals, or the supreme court shall collect the following fees on |
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the filing of any civil action or proceeding requiring a filing fee, |
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including an appeal, and on the filing of any counterclaim, |
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cross-action, intervention, interpleader, or third-party action |
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requiring a filing fee: |
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(1) $10 [$5] for statutory and constitutional county |
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courts; and |
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(2) $6 [$2] for justice of the peace courts. |
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SECTION 3. (a) Section 101.0814, Government Code, is |
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amended to conform to the amendments made to Section 101.081, |
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Government Code, by Chapter 399 (S.B. 819), Acts of the 80th |
|
Legislature, Regular Session, 2007, and to conform to the |
|
amendments made to Section 101.083, Government Code, by Chapter |
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1301 (S.B. 600), Acts of the 80th Legislature, Regular Session, |
|
2007, and is further amended to read as follows: |
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Sec. 101.0814. STATUTORY COUNTY COURT FEES AND COSTS: LOCAL |
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GOVERNMENT CODE. The clerk of a statutory county court shall |
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collect fees and costs under the Local Government Code as follows: |
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(1) additional filing fee to fund contingency fund for |
|
liability insurance, if authorized by the county commissioners |
|
court (Sec. 82.003, Local Government Code) . . . not to exceed $5; |
|
(2) civil court actions (Sec. 118.052, Local |
|
Government Code): |
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(A) filing of original action (Secs. 118.052 and |
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118.053, Local Government Code): |
|
(i) garnishment after judgment (Sec. |
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118.052, Local Government Code) . . . $15; and |
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(ii) all others (Sec. 118.052, Local |
|
Government Code) . . . $40; |
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(B) filing of action other than original (Secs. |
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118.052 and 118.054, Local Government Code) . . . $30; and |
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(C) services rendered after judgment in original |
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action (Secs. 118.052 and 118.0545, Local Government Code): |
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(i) abstract of judgment (Sec. 118.052, |
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Local Government Code) . . . $5; and |
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(ii) execution, order of sale, writ, or |
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other process (Sec. 118.052, Local Government Code) . . . $5; |
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(3) probate court actions (Sec. 118.052, Local |
|
Government Code): |
|
(A) probate original action (Secs. 118.052 and |
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118.055, Local Government Code): |
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(i) probate of a will with independent |
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executor, administration with will attached, administration of an |
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estate, guardianship or receivership of an estate, or muniment of |
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title (Sec. 118.052, Local Government Code) . . . $40; |
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(ii) community survivors (Sec. 118.052, |
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Local Government Code) . . . $40; |
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(iii) small estates (Sec. 118.052, Local |
|
Government Code) . . . $40; |
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(iv) declarations of heirship (Sec. |
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118.052, Local Government Code) . . . $40; |
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(v) mental health or chemical dependency |
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services (Sec. 118.052, Local Government Code) . . . $40; and |
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(vi) additional, special fee (Secs. 118.052 |
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and 118.064, Local Government Code) . . . $5; |
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(B) services in pending probate action (Secs. |
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118.052 and 118.056, Local Government Code): |
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(i) filing an inventory and appraisement |
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(Secs. [after the 120th day after the date of the initial filing of
|
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the action (Sec.] 118.052 and 118.056(d), Local Government Code) |
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. . . $25; |
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(ii) approving and recording bond (Sec. |
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118.052, Local Government Code) . . . $3; |
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(iii) administering oath (Sec. 118.052, |
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Local Government Code) . . . $2; |
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(iv) filing annual or final account of |
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estate (Sec. 118.052, Local Government Code) . . . $25; |
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(v) filing application for sale of real or |
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personal property (Sec. 118.052, Local Government Code) . . . $25; |
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(vi) filing annual or final report of |
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guardian of a person (Sec. 118.052, Local Government Code) . . . |
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$10; and |
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(vii) filing a document not listed under |
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this paragraph after the filing of an order approving the inventory |
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and appraisement or after the 120th day after the date of the |
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initial filing of the action, whichever occurs first (Secs. 118.052 |
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and 191.007, Local Government Code), if more than 25 pages . . . |
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$25; |
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(C) adverse probate action (Secs. 118.052 and |
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118.057, Local Government Code) . . . $40; and |
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(D) claim against estate (Secs. 118.052 and |
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118.058, Local Government Code) . . . $2; |
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(4) other fees (Sec. 118.052, Local Government Code): |
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(A) issuing document (Secs. 118.052 and 118.059, |
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Local Government Code): |
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(i) original document and one copy (Sec. |
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118.052, Local Government Code) . . . $4; and |
|
(ii) each additional set of an original and |
|
one copy (Sec. 118.052, Local Government Code) . . . $4; |
|
(B) certified papers (Secs. 118.052 and 118.060, |
|
Local Government Code): |
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(i) for the clerk's certificate (Sec. |
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118.052, Local Government Code) . . . $5; and |
|
(ii) a fee per page or part of a page (Sec. |
|
118.052, Local Government Code) . . . $1; |
|
(C) noncertified papers, for each page or part of |
|
a page (Secs. 118.052 and 118.0605, Local Government Code) . . . |
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$1; |
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(D) letters testamentary, letter of |
|
guardianship, letter of administration, or abstract of judgment |
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(Secs. 118.052 and 118.061, Local Government Code) . . . $2; |
|
(E) safekeeping of wills (Secs. 118.052 and |
|
118.062, Local Government Code) . . . $5; |
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(F) mail service of process (Secs. 118.052 and |
|
118.063, Local Government Code) . . . same as sheriff; and |
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(G) records management and preservation fee |
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(Secs. 118.052, 118.0546, and 118.0645, Local Government Code) |
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. . . $5; |
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(5) additional filing fee for filing any civil action |
|
or proceeding requiring a filing fee, including an appeal, and on |
|
the filing of any counterclaim, cross-action, intervention, |
|
interpleader, or third-party action requiring a filing fee, to fund |
|
civil legal services for the indigent (Sec. 133.153, Local |
|
Government Code) . . . $10 [$5]; |
|
(6) on the filing of a civil suit, an additional filing |
|
fee to be used for court-related purposes for the support of the |
|
judiciary (Sec. 133.154, Local Government Code) . . . $42 [$37]; |
|
(7) additional filing fee to fund the courthouse |
|
security fund, if authorized by the county commissioners court |
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(Sec. 291.008, Local Government Code) . . . not to exceed $5; |
|
(8) additional filing fee for filing documents not |
|
subject to certain filing fees to fund the courthouse security |
|
fund, if authorized by the county commissioners court (Sec. |
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291.008, Local Government Code) . . . $1; |
|
(9) additional filing fee to fund the courthouse |
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security fund in Webb County, if authorized by the county |
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commissioners court (Sec. 291.009, Local Government Code) . . . not |
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to exceed $20; and |
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(10) court cost in civil cases other than suits for |
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delinquent taxes to fund the county law library fund, if authorized |
|
by the county commissioners court (Sec. 323.023, Local Government |
|
Code) . . . not to exceed $35. |
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(b) Section 101.083, Government Code, is repealed. |
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SECTION 4. Section 101.1013, Government Code, is amended to |
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conform to the amendments made to Section 101.101, Government Code, |
|
by Chapter 399 (S.B. 819), Acts of the 80th Legislature, Regular |
|
Session, 2007, and is further amended to read as follows: |
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Sec. 101.1013. STATUTORY PROBATE COURT FEES AND COSTS: |
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LOCAL GOVERNMENT CODE. The clerk of a statutory probate court shall |
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collect fees and costs under the Local Government Code as follows: |
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(1) additional filing fee for filing any civil action |
|
or proceeding requiring a filing fee, including an appeal, and on |
|
the filing of any counterclaim, cross-action, intervention, |
|
interpleader, or third-party action requiring a filing fee to fund |
|
civil legal services for the indigent (Sec. 133.153, Local |
|
Government Code). . . $10 [$5]; |
|
(2) additional filing fee to fund contingency fund for |
|
liability insurance, if authorized by the county commissioners |
|
court (Sec. 82.003, Local Government Code) . . . not to exceed $5; |
|
(3) probate court actions (Sec. 118.052, Local |
|
Government Code): |
|
(A) probate original action (Secs. 118.052 and |
|
118.055, Local Government Code): |
|
(i) probate of a will with independent |
|
executor, administration with will attached, administration of an |
|
estate, guardianship or receivership of an estate, or muniment of |
|
title (Sec. 118.052, Local Government Code) . . . $40; |
|
(ii) community survivors (Sec. 118.052, |
|
Local Government Code) . . . $40; |
|
(iii) small estates (Sec. 118.052, Local |
|
Government Code) . . . $40; |
|
(iv) declarations of heirship (Sec. |
|
118.052, Local Government Code) . . . $40; |
|
(v) mental health or chemical dependency |
|
services (Sec. 118.052, Local Government Code) . . . $40; and |
|
(vi) additional, special fee (Secs. 118.052 |
|
and 118.064, Local Government Code) . . . $5; |
|
(B) services in pending probate action (Secs. |
|
118.052 and 118.056, Local Government Code): |
|
(i) filing an inventory and appraisement |
|
(Secs. [after the 120th day after the date of the initial filing of
|
|
the action (Sec.] 118.052 and 118.056(d), Local Government Code) |
|
. . . $25; |
|
(ii) approving and recording bond (Sec. |
|
118.052, Local Government Code) . . . $3; |
|
(iii) administering oath (Sec. 118.052, |
|
Local Government Code) . . . $2; |
|
(iv) filing annual or final account of |
|
estate (Sec. 118.052, Local Government Code). . . $25; |
|
(v) filing application for sale of real or |
|
personal property (Sec. 118.052, Local Government Code) . . . $25; |
|
(vi) filing annual or final report of |
|
guardian of a person (Sec. 118.052, Local Government Code) . . . |
|
$10; and |
|
(vii) filing a document not listed under |
|
this paragraph after the filing of an order approving the inventory |
|
and appraisement or after the 120th day after the date of the |
|
initial filing of the action, whichever occurs first (Secs. 118.052 |
|
and 191.007, Local Government Code), if more than 25 pages . . . |
|
$25; |
|
(C) adverse probate action (Secs. 118.052 and |
|
118.057, Local Government Code) . . . $40; and |
|
(D) claim against estate (Secs. 118.052 and |
|
118.058, Local Government Code) . . . $2; |
|
(4) other fees (Sec. 118.052, Local Government Code): |
|
(A) issuing document (Secs. 118.052 and 118.059, |
|
Local Government Code): |
|
(i) original document and one copy (Sec. |
|
118.052, Local Government Code) . . . $4; and |
|
(ii) each additional set of an original and |
|
one copy (Sec. 118.052, Local Government Code) . . . $4; |
|
(B) certified papers (Secs. 118.052 and 118.060, |
|
Local Government Code): |
|
(i) for the clerk's certificate (Sec. |
|
118.052, Local Government Code) . . . $5; and |
|
(ii) a fee per page or part of a page (Sec. |
|
118.052, Local Government Code) . . . $1; |
|
(C) noncertified papers, for each page or part of |
|
a page (Secs. 118.052 and 118.0605, Local Government Code) . . . |
|
$1; |
|
(D) letters testamentary, letter of |
|
guardianship, letter of administration, or abstract of judgment |
|
(Secs. 118.052 and 118.061, Local Government Code) . . . $2; |
|
(E) safekeeping of wills (Secs. 118.052 and |
|
118.062, Local Government Code) . . . $5; |
|
(F) mail service of process (Secs. 118.052 and |
|
118.063, Local Government Code) . . . same as sheriff; and |
|
(G) records management and preservation fee |
|
(Secs. 118.052 and 118.0645, Local Government Code) . . . $5; and |
|
(5) court cost in civil cases other than suits for |
|
delinquent taxes to fund the county law library fund, if authorized |
|
by the county commissioners court (Sec. 323.023, Local Government |
|
Code) . . . not to exceed $35. |
|
SECTION 5. (a) Section 101.1214, Government Code, is |
|
amended to conform to the amendments made to Section 101.121, |
|
Government Code, by Chapter 399 (S.B. 819), Acts of the 80th |
|
Legislature, Regular Session, 2007, and to conform to the |
|
amendments made to Section 101.123, Government Code, by Chapter |
|
1301 (S.B. 600), Acts of the 80th Legislature, Regular Session, |
|
2007, and is further amended to read as follows: |
|
Sec. 101.1214. COUNTY COURT FEES AND COSTS: LOCAL |
|
GOVERNMENT CODE. The clerk of a county court shall collect the |
|
following fees and costs under the Local Government Code: |
|
(1) additional filing fee to fund contingency fund for |
|
liability insurance, if authorized by the county commissioners |
|
court (Sec. 82.003, Local Government Code) . . . not to exceed $5; |
|
(2) civil court actions (Sec. 118.052, Local |
|
Government Code): |
|
(A) filing of original action (Secs. 118.052 and |
|
118.053, Local Government Code): |
|
(i) garnishment after judgment (Sec. |
|
118.052, Local Government Code) . . . $15; and |
|
(ii) all others (Sec. 118.052, Local |
|
Government Code) . . . $40; |
|
(B) filing of action other than original (Secs. |
|
118.052 and 118.054, Local Government Code) . . . $30; and |
|
(C) services rendered after judgment in original |
|
action (Secs. 118.052 and 118.0545, Local Government Code): |
|
(i) abstract of judgment (Sec. 118.052, |
|
Local Government Code) . . . $5; and |
|
(ii) execution, order of sale, writ, or |
|
other process (Sec. 118.052, Local Government Code) . . . $5; |
|
(3) probate court actions (Sec. 118.052, Local |
|
Government Code): |
|
(A) probate original action (Secs. 118.052 and |
|
118.055, Local Government Code): |
|
(i) probate of a will with independent |
|
executor, administration with will attached, administration of an |
|
estate, guardianship or receivership of an estate, or muniment of |
|
title (Sec. 118.052, Local Government Code) . . . $40; |
|
(ii) community survivors (Sec. 118.052, |
|
Local Government Code) . . . $40; |
|
(iii) small estates (Sec. 118.052, Local |
|
Government Code) . . . $40; |
|
(iv) declarations of heirship (Sec. |
|
118.052, Local Government Code) . . . $40; |
|
(v) mental health or chemical dependency |
|
services (Sec. 118.052, Local Government Code) . . . $40; and |
|
(vi) additional, special fee (Secs. 118.052 |
|
and 118.064, Local Government Code) . . . $5; |
|
(B) services in pending probate action (Secs. |
|
118.052 and 118.056, Local Government Code): |
|
(i) filing an inventory and appraisement |
|
(Secs. [after the 120th day after the date of the initial filing of
|
|
the action (Sec.] 118.052 and 118.056(d), Local Government Code) |
|
. . . $25; |
|
(ii) approving and recording bond (Sec. |
|
118.052, Local Government Code) . . . $3; |
|
(iii) administering oath (Sec. 118.052, |
|
Local Government Code) . . . $2; |
|
(iv) filing annual or final account of |
|
estate (Sec. 118.052, Local Government Code) . . . $25; |
|
(v) filing application for sale of real or |
|
personal property (Sec. 118.052, Local Government Code) . . . $25; |
|
(vi) filing annual or final report of |
|
guardian of a person (Sec. 118.052, Local Government Code) . . . |
|
$10; and |
|
(vii) filing a document not listed under |
|
this paragraph after the filing of an order approving the inventory |
|
and appraisement or after the 120th day after the date of the |
|
initial filing of the action, whichever occurs first (Secs. 118.052 |
|
and 191.007, Local Government Code), if more than 25 pages . . . |
|
$25; |
|
(C) adverse probate action (Secs. 118.052 and |
|
118.057, Local Government Code) . . . $40; and |
|
(D) claim against estate (Secs. 118.052 and |
|
118.058, Local Government Code) . . . $2; |
|
(4) other fees (Sec. 118.052, Local Government Code): |
|
(A) issuing document (Secs. 118.052 and 118.059, |
|
Local Government Code): |
|
(i) original document and one copy (Sec. |
|
118.052, Local Government Code) . . . $4; and |
|
(ii) each additional set of an original and |
|
one copy (Sec. 118.052, Local Government Code) . . . $4; |
|
(B) certified papers (Secs. 118.052 and 118.060, |
|
Local Government Code): |
|
(i) for the clerk's certificate (Sec. |
|
118.052, Local Government Code) . . . $5; and |
|
(ii) a fee per page or part of a page (Sec. |
|
118.052, Local Government Code) . . . $1; |
|
(C) noncertified papers, for each page or part of |
|
a page (Secs. 118.052 and 118.0605, Local Government Code) . . . |
|
$1; |
|
(D) letters testamentary, letter of |
|
guardianship, letter of administration, or abstract of judgment |
|
(Secs. 118.052 and 118.061, Local Government Code) . . . $2; |
|
(E) safekeeping of wills (Secs. 118.052 and |
|
118.062, Local Government Code) . . . $5; |
|
(F) mail service of process (Secs. 118.052 and |
|
118.063, Local Government Code) . . . same as sheriff; and |
|
(G) records management and preservation fee |
|
(Secs. 118.052, 118.0546, and 118.0645, Local Government Code) |
|
. . . $5; |
|
(5) deposit on filing petition requesting permission |
|
to create a municipal civic center authority (Sec. 281.013, Local |
|
Government Code) . . . $200; |
|
(6) additional filing fee to fund the courthouse |
|
security fund, if authorized by the county commissioners court |
|
(Sec. 291.008, Local Government Code) . . . not to exceed $5; |
|
(7) additional filing fee for filing documents not |
|
subject to certain filing fees to fund the courthouse security |
|
fund, if authorized by the county commissioners court (Sec. |
|
291.008, Local Government Code) . . . $1; |
|
(8) additional filing fee to fund the courthouse |
|
security fund in Webb County, if authorized by the county |
|
commissioners court (Sec. 291.009, Local Government Code) . . . not |
|
to exceed $20; |
|
(9) court cost in civil cases other than suits for |
|
delinquent taxes to fund the county law library fund, if authorized |
|
by the county commissioners court (Sec. 323.023, Local Government |
|
Code) . . . not to exceed $35; |
|
(10) additional filing fee for filing any civil action |
|
or proceeding requiring a filing fee, including an appeal, and on |
|
the filing of any counterclaim, cross-action, intervention, |
|
interpleader, or third-party action requiring a filing fee, to fund |
|
civil legal services for the indigent (Sec. 133.153, Local |
|
Government Code) . . . $10 [$5]; and |
|
(11) on the filing of a civil suit an additional filing |
|
fee to be used for court-related purposes for the support of the |
|
judiciary (Sec. 133.154, Local Government Code) . . . $42 [$37]. |
|
(b) Section 101.123, Government Code, is repealed. |
|
SECTION 6. Subsection (b), Section 101.141, Government |
|
Code, as amended by Chapter 921 (H.B. 3167), Acts of the 80th |
|
Legislature, Regular Session, 2007, is amended to conform to the |
|
amendments made to Subsection (a), Section 101.141, Government |
|
Code, by Chapter 1046 (H.B. 2094), Acts of the 80th Legislature, |
|
Regular Session, 2007, and is further amended to read as follows: |
|
(b) A clerk of a justice court shall collect fees and costs |
|
under other laws as follows: |
|
(1) the cost of a special program that a court may |
|
order a child to attend after a finding that the child committed an |
|
offense, if ordered by the court (Art. 45.057, Code of Criminal |
|
Procedure) . . . costs of the program not to exceed $100; |
|
(2) additional filing fees: |
|
(A) to fund Dallas County civil court facilities |
|
(Sec. 51.705, Government Code) . . . not more than $15; and |
|
(B) for filing any civil action or proceeding |
|
requiring a filing fee, including an appeal, and on the filing of |
|
any counterclaim, cross-action, intervention, interpleader, or |
|
third-party action requiring a filing fee, to fund civil legal |
|
services for the indigent (Sec. 133.153, Local Government Code) |
|
. . . $6 [$2]; |
|
(3) for filing a suit in Comal County (Sec. 152.0522, |
|
Human Resources Code) . . . $1.50; and |
|
(4) fee for hearing on probable cause for removal of a |
|
vehicle and placement in a storage facility if assessed by the court |
|
(Sec. 2308.457, Occupations [685.008, Transportation] Code) . . . |
|
$20. |
|
SECTION 7. The changes in law made by this Act apply only to |
|
a fee that becomes payable on or after the effective date of this |
|
Act. A fee that becomes payable before the effective date of this |
|
Act is governed by the law in effect when the fee became payable, |
|
and the former law is continued in effect for that purpose. |
|
SECTION 8. This Act takes effect September 1, 2009. |